".

= -

..

TCEQ

NATIONAL COMMENTS

EXECUTIVE REVIEW SUMMARY

TCEQ PROPOSED COMMENTS O~: Federal Register: January 28,2011 (pages

5110 to 5119) proposed rule to grant a petition submined by Gulf West Landfill, lX LP

to exclude (or delist) the landfill leachate from the lists of hazardous wastes.

OVERVIEW OF PROPOSAL

EPA is proposing to grant a petition submined by Gulf West Landfill, TX, LP. To exclude (or delist) the

landfill leachate generated by Gulf West in Anahuac, Texas from the lists of hazardous wastes.

COMMENTS INFORMATION

TCEQ recommends EPA reconsider the petition for delisting the leachate from Gulf West, because ofthe

inadequacies ofthe testing submitted by Gulf West to support its petition. Gulf West has not provided an

accurate description of landfill construction design nor fully disclosed the characteristics and volumes of

hazardous wastes disposed at the site. The basis for EPA's decision to grant the petition should include all

pertinent infonnation available, if Gulf West is to be authorized to move to the next step ofquarterly

verification testing.

• Gulf West petition for the delisting of their leachate does not include the waste code K174, which was

accepted from Shell Chemical from June 5, 2001 through September 24, 2002.

• Leachate volume of 6,436 ydsJ was incorrectly converted to 150,000 galtons, instead of 1,117,105 gallons;

the EPA Delisting Risk Assessment Software may have underestimated the risk level.

• Gulf West landfill is incorrectly claimed to have been built to RCRA C hazardous waste construction

standards; yet, the Gulf West landfill does not contain two or more liners and both a leachate collection and a

leachate removal system above and between such liners.

• Gulf West has received at least 13 unauthorized hazardous waste loads since 1998, which demonstrates

that the out dated (March 22, 1991) waste acceptance control mechanism does not prevent acceptance of

hazardous waste into the landfill.

LEAD OFFICE: Arthur Denny, MSW PermitsIWaste Penmts/Office ofPennitting & Registration

INTERNAL COORDINATION: R"ebecca Alvarado, Region 12/Field OpslOCE

OFFICE of LEGAL SERVICES Susan "White, Environmental LllW/OLS

I DEPUTY DIRECfOR APPROVAL: Richard Hyde, Deputy Director, OPR

I DEADLINE: February 28, 20 II

rCEQ 20374 (Rev. 5/2007) D:'n"'- I ........ I
ATTACHMENT: COMMENTS FROM TCEQ

Federal Register: January 28, 2011 (pages 5110 to 5119) proposed rUle to grant a petition submitted

by Gulf West Landfill, TX. LP to delist the landfill leachate from the lists of hazardous wastes.

RECOMMENDATION

TCEQ recommends EPA reconsider the petition for delisting the leachate from Gulf West, because of

the inadequacies of the testing submitted by Gulf West to support its petition. Gulf West has not

provided an accurate description of landfill construction design nor fully disclosed the characteristics

and volumes of hazardous wastes disposed at the site. The basis for EPA's decision to grant the

petition should Include all pertinent information available, If Gulf West is to be being authorized to

move to the next step of quarterly verification testing,

COMMENT 1:

EPA's decision to grant the petition is based on an incomplete list of hazardous wastes accepted at the

landfill. In Section LA., there is a list of EPA hazardous waste codes from which the Gulf West landfill

has based the petition for the delisting of their leachate. The list of hazardous waste codes Includes

F019, F039, K017, K019, and K020. However, the list does not Include the waste code K174. The Gulf

West landfili accepted K174 waste from Shell Chemical (Shell) located in Deer Park, Texas, .from June

5, 2001 through September 24, 2002. The delisting petition does not include the analysis of the

ethylene dichloride (1,2-dlchloroethane) or vinyl chloride monomer that make up of the K174'wastes,

COMMENT 2:

EPA's decision to grant the petition appears to be based on an inaccurate hazardous waste volume

conversion. In Section III.A., the volume of leachate is described as 6,436 cubic yards which was'

incorrectly converted to 150,000 gallons. The correct volume of leachate should be 1,117,105 gallons.

The EPA may have used the incorrect volume as an input in modeling the leachate risk asseSsment.

COMMENT 3:

EPA's decision to grant the petition is based on an inaccurate description of the landfill. In Section

III.B., there is a statement that says the Landfill was built to RCRA construction standards for

hazardous waste disposal. This statement Is inaccurate. Gulf West:s non-hazardous waste permit was

Issued on March 22, 1991 and the liner design does not meet the hazardous waste landfill design

standard (effective January 29, 1992). As to this date, Gulf West has not upgraded their permit to

meet the 40 Code of Federal Regulation section 264.301(c) hazardous waste landfili design standards

requiring each new landfili unit to contain two or more liners and both a leachate collection and a

leachate removal system above ,and between the liners.

COMMENT 4:

EPA's decision to grant the petition is not based on ali of the hazardous waste disposed at the Gulf

West landfill. Gulf West has received at least 13 unauthorized hazardous waste loads since 1998.

Below is a brief summary of hazardous waste accepted into the landfill:

• Hazardous waste from soil borings from Continental Airline was received in January 7, 1998.

Waste was left in place within the landfili.

• F-listed waste from Continental Airlines was received January 26, 1999. Waste was left in place.

• K170 from Motiva Enterprises received on February 15 to 19, 1999. Waste was removed from

the landfill.

• D004 from Lubrizol received on June 3, 1999. Waste was removed from the landfill.
0008 from DuPont Sabine River Works received August 2, 2000. Waste was removed from the

landfill by August 9, 2000.

K017, K019, and K20 wastes from Shell Chemical Company received from June 1998 until

September 2002. Waste was left in place and Enforcement Action was taken.

F019 from Stewart & Stevenson received from April 1998 to February 2004. Waste left in place

and Enforcement Action was taken.

• K174 from Shell Chemical Company received from June 2001 to September 2002. Waste was

left in place and Enforcement Action was taken.

• 0001, 0002, and F003 wastes from Sunoco received on June 18, 2004; Waste was left in place

and a Notice of Violation Letter was sent to the facility.

• 0008 from Chambers County Resource Recovery and Recycling received October 2004 until

February 2005; Waste was left In place and Enforcement Action was taken.

• 0007 and 0010 from BP Products North America received In December 2004. Waste was left in

place and a Notice of Violation Letter was sent to the facility.

• 0018, K049 from Exxon Mobil received on December 17, 2008. Waste was removed from the

landfill By March 26, 2009.

• F037 from Exxon Mobil received on March 26 and 27, 2009. Waste was removed from the

landfill by October 15, 2009.
Investlgalion 11273715

Inv.stlgator: ARON ATHAVALEY

N/.A{g

Texas Commission on Environmental Quality ©

Investigation Report

Gulf West Landfill TX, LP

___________C_N_6_01_6_90_4_8_0

GULF WEST LANDFILL TEXAS

RN102151099

Incldenlll

Site Clas81flcaUon

IHW LANDFILL

SMALL QUANTITY GENERATOR

SURFACE IMPOUNDMENT

TANK

Conducled: 0512512004 _ 05125/2004 SIC Code: 9999

Program(s): INDUSTRIAL AND HA2ARDOUS WASTE STORAGE

INDUSTRIAL AND HA2ARDOUS WASTE GENERATION

INDUSTRIAL AND HA2ARDOUS WASTE PROCESSING

INDUSTRIAL AND HA2ARDOUS WASTE DISPOSAL

InvestigaUon Type: Compliance Investigation Location: COUNTY RD BElWEEN 110

ANDSH 65

Addi1ionaIID(s) : TXD980864078

39039

TXD980864078

39039

Addres.: 2601 JENKINS RD;

ANAHUAC, TX

Activity type: REGION 12 - HOUSTON

IHINCDI Case development investigation

GULF WEST LANDFILL TX LP

Principal(s) :

Role

RESPONDENT

Contact's) :

RoJe

Partidpeted in Irrvestigallon

Regulated Entity Mail Contad

Notified

Other Staff Member's) ;

Role

QAReviewer

SupeNisor

Name

Title

DISTRICT

ENVIRONMENTAl

MANAGER

DISTRICT

ENVIRONMENTAL

MANAGER

REGISTERED AGENT OF

HUNTSMAN

PETROCHEMICAL

CORPORATION

Name

GITA ARASTEH

ANDY VANCE

Name

MR SONNY ANOZIE

MR SONNY ANOZIE

CT CORPORATION

SYSTEM

Phone

Wor1< (713) 671-1561

Wor1< (713) 671-1561

Associated Check List . :: -.,,0:: '-~.--•.

Checklist Name

. ,.. IHW GENERIC OTHER ISSUES OR VIOLATlONS (10

Inyestlgatlon Comments; ..

.... Unit NamQ

~:~..'~~,~ Generic _ .•. ._i........:..oJ,...:.: .•.•• ,,"'-:'."'l'tr'!'JI....
r',

GU~·~STLANOALLTEXAS.ANAHUAC ......

MaY~5 ()~ Inv.'· 273715

\ )

Pa 6

I. INTRODUCTION

On May 25, 2004, Mr, Aron Athavaley of the Texas Commission on Environmental Quality (TCEQ)

Region 12·Houston Office conducted an Industrial and Hazardous waste (IHW) Cese Development

Investigation (COl) activity for Gulf West Landfill TX, LP. The facility is located at 2601 S. Jenkins Rd.,

Anahuac, Chambers County, TX n514. This COl includes a records review concerning unauthorized

waste disposal at Gulf West landfill facility, SWR 39039.

Scope of the investigation: The scope and bacl<ground of this investigation are summarized as follows:

In september 2002, the Houston Office received letters from Shell Oil Company, and GulfVVest Landfill

(AttaChment 1) concerning the hazardous characteristics of the biosolids waste stream 03085031

.generated at Shell Chemicars waste water treatment plant The information provided by these

companies indicated that Shell shipped hazardous waste for disposal Into GulrWest Landfill facility;

however, Gulf West is not permitted to accept hazardous wastes for landfill disposeL Consequently, on

January 16, 2003, Aron Athavaley conducted a case development investigation for the Gulf west

Landfill facility, COl-IN 23158, which resulted into an enforcement action. Similariy, an investigetion for

Shell Oil-Deer Park, COl-IN 19124, conduCted on October 22, 2002 also resulted In an enforcement

action.

lIIJhen the investigation report was submitted lor enforcement, the field investigator identified the

responsible party, in CCEDS. as BroWning Ferris, Inc., CN 600263016. The case was screened for an

enforcement action on January 21, 2003. The screening committee noted that Browning Ferris, Inc. is

not a Viable owner entity, as the company had submitted a Certificate or Termination to the Texas

Secretary of State. Consequently, at this time, it is pertinent to change the customer number from CN

600263016 to CN6016904BO (Attachment 6) and use the correct name of the company as Gulf West

Landfill TX, LP. However, since the investigation is already approved in CCEOS, there are technical

limitations in making the desired report changes. Consequently, this investigation report was prepared

to update information for the enforcement action.

The previous COl, IN 2315B, is updated here with respect to two outstanding noncomplianees. The

first noncompliance concerning unauthOrized waste disposal in the landfill is updated for an additional

scenario InVOlving shipments or hazardous waste received by GulrVVest landfill facility from Stewarts

and Stevenson Technical Vehicle Systems LP, SWR 32050; this information was confirmed by Gulf

West lelter dated March 1,2004 to Ms. Marsh Hill of Region 12·Houslon Office (AttachmentS). The

second outstanding noncompliance concerning NOR is updated to have the resolved status.

It. GENERAL FACILITY AND WASTE PROCESS INFORMAllON

A. General Facility Information

Gulf West Landfill TX, LP Facility, according to the North American Industry Classification

System (NAICS) Code # 99999, is a not classifiable business. In general, the company is in the

business of operating a Class 1 industrial landfill. Tha generation status for this facility is identified as

nonhazardous waste generator. The facility holds a Class 1 industrial waste landfill permit # 39039,

authorizing the receipt of third party nonhazardous wastes and disposing of them in a landfill. The

on-going industrial waste generation and management activities. for which the company has prOVided

notification, are included in the Notice of Registration (NOR) # 39039; see the latest NOR in

Attachment 2 for reviewing streams and units related to this investigation.

B. Site specifiC notes

During the records review, the following site specific information was noted:

By letter dated November 11,2002 (Attachment 1), Gulf West notifled the Houston Office orthe

Commission concerning handling of biosolidlfilter cake wastes received from Shell Chemical's waste

water treatment plant. Gulf West reported thai, since the begInning of June 199B until september 24, ..

2002, they received biosolid wasle streams, 03056072 and 03085031, generated by She.'! Chemical,

Deer Park, Texas. The waste stream 03056072, when mixed with 03085031, is represented by

03085031 for the purposes of manifesting and waste recordkeeping.
GULF WEST LANDFILL TEXAS· ANAHUAC

May 25 04 Jnv. # • 273715

Page 30f8

In September 2002, Shell noted RCRA problems concerning the hazardous waste determination

for biosolid streams 03056072 and 03085031. As notified by Shell and Gulf West 10 Ihe Houston

Office, these streams were supposed to have the listed hazardous waste codes K017, K019, and K020.

In additlon, the biosolids also carry the waste code K 174. In June 2001, solids in the oxidation

ponds at Shell Chemical's vmTP (Attachment 3) became a newly listed waste called K 174. For the

adequate handling of K 174 in surface impoundments. Shetr submitted a Class 1 modification in May

2001 to the Permitting Sed-ion in Austin. The modification was to get an authorization for the continued

management of K174 In the SET Basins. However while shipping biosolids to Gulf West, Shell did nol

evaluate the "derived from rule" as applied to K174, i. e., Shell shipped K 174 derived hazardous

biosolid streams to Gulf West's nonhazardous waste landfill in Anhauc Texas, from June 5, 2001

through September 24, 2002.

As indicted by Gulf West's letter dated November 11, 2002 (Attachment 1) , the landfill leachate is

always sent to SFI hazardous injection facility in Calcasieu, Louisiana. After becoming aware of the

"derived from" listing codes, Gulf West is using appropriate maniresling procedures to ship the leachate

es hazardous waste. The notification problem associated with the leachate handling is eddressed in

the violation section of this report.

The annual waste summaries submitted to the Commission by Shell give an idea ofbiosolid waste

quantities (Attachment 4) shipped to GulfWesl During the calender year 2002, Shell shipped the

biosolid waste 03085031 in the estimated amount of 34,302 tons or at an average rate of 94 tons a

day. During 2001, the same shipment rate was about 102 tons per day.

Gulf West letter dated March 1, 2004 10 Ms. Marsh HIli of RegJon 12·Houston Office (Attachment

5) documents a potential release of hazardous waste-F019 into their nonhazardous Class 1 landfill.

During the period of Apri1"15, 1998 through February 26, 2004, GUlf West received Mer cake

shipments from Stewart and Stevenson Technical Vehicle Systems lP (Stewart and Stevenson), SWR

32050. In April 1998, Stewart and Stevenson classified Ihe filter cake as a Class 1 wasta without

considering the applicability of the listed code F019. HOW'ever, in February 2004. Stewart and

Stevenson discovered that the waste stream should have carried the listed code F019. The volume af

this hazardous waste stream, according to the Gulf West letter, is approximately 600 cubic yards,

III. SUMMARY OF OUTSTANDING ALLEGED NONCOMPLIANCES

During the investigations condUcted on January 16. 2003 and May 25. 2004. the following alleged

noncompliance was noted and remains unresolved:

1. 30 Texas Administrative Code (TAG) 335.2 (b) - Waste Disposal at an Unauthorized Facility

(Category AS)

Receiving hazardous wastes rrom Shell Chemical Company, SVIIR 30007: Since June 1998. Gulf

West was receiving for landfill disposal the biosolid waste streams, 03056072 and 03085031,

generated by Shell Chemical, Deer Park. Texas. The waste stream 03056072, when miXed with

03085031, is represented by 03085031 for the purposes of manifesttng and waste recordkeeping.

During the calender year 2002, Shell shipped the biosolid waste 03085031 in the estimated amount of

34,302 tons or al an average rate of 94 tons a day. During 2001, the same shipment rate was

approXimately 102 tons per day.

In June 19S8, however, SheH failed to perform adequate hazardous waste detBm'lination ror these

wastes: The biosoliu waste streams should have carried the waste codes K 017, K 019. and K020 In

accordance with the l.derived from' rule in 40 CFR 261.3. In addition, In May 2001, Shell failed to

evaluate the impact of K 174 handled in their surface Impoundment units 038,039, and 040 on the

blosolid streams. Thus. in May 2001, the biosolld wasle streams also carried the waste code K 174.

On September 24,2002, Shell notified Gulf \Nest of the noted RCM problems and stopped sendlng: .._:c·~ : .. shipments'to them. Presently, the blosolid streams are being shipped to Waste " "':"!. :, ,.,",:, '. '

Management hazardous waste landfill facility in louisiana. ..,_....

Receiving hazardous wastes from Stewart and Stevenson, SWR 32050: Gulf West leiter dated

March 1, 2004 to Ms. Marsh Hill of Region 12·Houston Office documents a potential release of
hazardous waste-F019 into their nonhazardous Class 1 landfill. During the period of April 15, 1998

through February 26, 2004, Gulf West waste received filter cake shipments 'rom Stewart and

Stevenson Technical Vehicle Systems LP (Stewart and Stevenson). In AprtI1996, Stewart and

Stevenson dassified the filter cake as a Class 1 waste without considering the applicability 01 the EPA

listed code F019. However, in February 2004, Stewart end Stevenson discovered that the waste

streem should heve carried the listed code FOI9, The volume of this hazardous waste stream received

in the noted time interval, according to the Gulf West records, is epproximetely 600 cubic yards.

;:;:::1

GUL,PWeST LANDFILL TEXAS· ANAHUAC

MaJ,~~~ Inv, #·273715

P.(~t!J6

Since. GulfWest landfill is designed with protective measures to prevent ground water contamination,

no specific corrective actions are requested ror removal of wastes at this time. The case is, however,

SUbject to TCEQ enforcement action.

IV. SUMMARY OF ALLEGED NONCOMPLIANCE RESOLVED

During the investigations conducted on Jenuary 16, 2000 and May 25, 2004, the following alleged

noncompliance was noted and later resolved:

1. 30 Texes Administrative Code (TAC) 335.6(c)-Notification recuirements (Category C3)

Notice of Registration (NOR) update: The lacility should update the latest NOR for the following

waste streams: (i) The leachate collection tank unit 007 stores the landfill ~achate. A waste stream

number should be assigned to this leachate; (ii) The stabilization basins, units 003, 004, 005, and 006,

are used to mix third party Class 1 industrial wastes. Upon mixing and stabilizing, a new stream is

generated. This stream shoukt be added to the NOR.

On May 25, 2004, the Field Investigator reviewed tile GultWest NOR. As requested NOR changes are

made to the NOR, this noncompliance is considered resolved as of May 25, 2004.

ALLEGED VIOLATIONS NOTED AND RESOLVED

Track No: 16937 Resolution Date: July 08 04

30 TAC Chapter 335.6(c)

Alleged Violation:

Investigalion: 23158 Comment Date: 01130/2003

30 Texas Administrative Code (TAC) 335.6(c)-Notification requirements (Category

C3) .

Notice 01 Registration (NOR) update: Ths facility should update the latest NOR

for the following waste streams: (i) The leachate collection tank unit 007 stores lhe

landfill leachate A waste stream number should be assigned to lhis leachate; (ii) The

stabilization basins, units 003. 004, 005, and 000, are used to mix third party Class 1

industrial wastes. Upon mixing and slabilizing, a new stream is generated. This

stream should be added to the NOR.

Investigation: 273715 Comment Date: 06124/2004

30 TAC 335.6(c) - Notification Reculrements

NOR update: The facility should updets the latast NOR for the lolowing waste

streams: (i) the leachate colleetin tank unit 007 stores lhe landfill leachate. A waste

stream number should be assigned to this leachatel (Ii) the stabillzation basisn, units

003 - 006 are used to mix third party Class 1 industrial wastes. Upon mixing and

stabilizing, a new waste slream ;s generated. This stream should be added to the

NOR.

On May 25,2004, the NOR was revieWed in the R12 office. All the.lllquested NOR

updates had been completed. Thls,yjotation is considered resolVed, p.~tol May 25,

2004 ' , ,

c~,_

.....:::-~_,t;;:.::

'.... ~,'.

This resolution is after the initial NOE was sent (4.3.03) and screening occured on
GULF WEST LANDFILL TEXAS· ANAHUAC

May 25 04 Inv. #·273715

Page50f6

January 21, 2004. Due to a Central Registry issue the case was returned.

Recommended Corrective Action:

. The facility should updalt:t the latest NOR for the noted waste streams.

Resolution: This violation was cited in a NOE which was issued from an investigation

conducted on 1/1612003. The Enforcement Action Referral was sent to the

Enforcement DivisIon. About6f15J2003. the company changed Regulated Entitiy

Numbers (RN} in Central Registry. On 211012004, the Enforcement Division referred

the case back to Field Ops stating that CCEDs had the customer for the investigation

as Browning-Ferris, Jnc which had not been a viable entity since 1997. Field Ops redid

the investigation on 5125/2004 and this violation was resolved as of 512512004.

Track No; 163678 Resolution Date: September 02 04

30 TAC Chapter 335.2(b)

PERM.IT SW-39039-001

Violation of Section II. A. and Section VII. C.

Alleged Violalion:

Investigation: 273715 Comment Date: 0611512004

1. 30 Texas Administrative Code (TAC) 335.2 (b) - Waste Disposal at an

Unauthorized Facility (Category AS}

Receiving hazardous-wastes from Shell Chemical Company, SWR 30007: Since

June 199B, Gulf West was receiving for landfill disposal the biosolid waste streams,

03056072 and 03085031, generated by Shell Chemical, Deer Park, Texas. The

waste stream 03056072, when mixed with 03085031, is represented by 030B5031 for

the purposes of manifesting and waste recordkeeping. During the calender year

2002. Shell shipped the biosolid waste 03085031 In the estimated amount of 34,302

tons or at an average rale of 94 tons a day. During 2001. the same shipment rate was

approximately 102 tons per day.

In June 1998, however. Shell failed to perform adequate hazardous waste

determination for these wastes. The blosolid waste streams should have carried the

waste codes K 017, K 019, and K020 in accordance with the (,derived from' Nle in 40

CFR 261.3. In addition, in May 2001, Shell failed to evaluate the impact of K 174

handled In their surface impoundment units 038, 039, and 040 on the biosolid

streams. Thus, in May 2001, the biosolid waste streams also carried the waste code

K 174. On September 24,2002, Shell notified Gulf West of the noted RCRA problems

and stopped sending shipments to them. Presently, the biosolid streams are being

shipped to Waste Management hazardous waste landfill facility in Louisiana.

Receiving hazardous wastes from Stawart and Stevenson, S'NR 32050: Gulf

West letter dated March 1, 2004 to Ms. Marsh Hill of Ragion 12-Houston Office

documents a potential release of hazardous waste-F019 into their nonhazardous

Class 1 landfill. During the period of April 15, 1996 through February 26, 2004. GUlf

West waste received tilter cake shipments from Stewart and Stevenson Technical

Vehicle Systems LP (Stewart and Stevenson) In April 1998, Stewart and Stevenson

classified the filler cake as a Class 1 waste without considering the applicability of the

EPA listed code F019. However, in February 2004, Stewart and Stevenson

discovered that the waste stream should have carried the listed code F019. The

volume of this hazardous waste stream received in the noted time interval, according

to the Gulfl/vest records. is approximately 600 cubic yards.

Recommended Corrective Acllon: Take adequate measures in evaluating the

wastes accepted for landfill disposal end detect unauthorized shipments prior to on-site

landfill operations.

Resolutlon: This violation is a past event with no opportunity for compliance.
GlJ·~F WEST LANDFILL TEXAS· ANAHUAC

MaY.~S04 lnv. # - 273715

P~~ 6 of6

~_.

,

l~·

Signed --- _

Environmental Investigator

Signed _

Supervisor

Attachments: (in order of flnal report submittal)

_Enforcement Action Re<luest (EAR)

_Letter to Facility (specify type) : _

lrwestigation Report

_Sample Analysis Results

_Manifests

_NOR

Date _

Dilte _

_Maps, Plans, Sketches

_Photographs

_Correspondence from the facility

_Other (specify) ,

I _ . _ •

I" ...•.! ,4-_~_

.~. .4 :: ~;c~-;· .

:\'==-: ;~1~~i~~: . ·'d

W~_ •

. ""'i,~,; .. - .